Outstanding Defense Verdict in a Medical Malpractice Case
communicate, cannot perform activities of daily living, and requires 24-hour care ($6,000,000-$9,800,000 present cash value of life care plan costs). Pltf contended Dr. Hebert failed to properly supervise the resident’s attempted en- dotracheal tube intubation of a patient undergoing severe alcohol withdrawal, failed to timely intervene, and negligently allowed the resident to try with two different tubes, causing a delay in intubation which led to a lack of oxygen. Pltf further maintained Justin did not receive sufficient oxygen prior to the intuba - tion - thereby exacerbating his needs during the code, and defts failed to appre- ciate a precipitous drop in oxygen saturation levels. Pltf’s experts Dr. Woodcock and Dr. Jones opined that Justin’s brain injury was caused by hypoxia. The de- fense argued Dr. Hebert complied with the applicable standards of care, it was common in teaching institutions for residents to perform intubations, all care related to the intubation was appropriate, the patient was properly pre-oxygen- ated, and resuscitative efforts were started immediately when decompensa- tion occurred. The defense contended Justin’s brain injuries were not due to hypoxia but rather were related to Wernicke’s encephalopathy - a degenerative brain disorder caused by thiamine deficiency (in this case stemming from his alcohol abuse). Defense experts Dr. Kamanger and Dr. Chetkovich opined that the patient’s blood gases and lack of damage to other organs were inconsis- tent with hypoxia and metabolic acidosis, while they were consistent with Wer- nicke’s encephalopathy. Dr. Chetkovich and Dr. Barakos opined that brain imag- ing was not consistent with a hypoxic ischemic injury, but was consistent with Wernicke’s encephalopathy from alcohol abuse. Post-trial motion is pending.
Kipp B. Cornell Kipp B. Cornell is a partner at Cunningham, Meyer & Vedrine where he focuses on civil litigation with an emphasis on medical mal- practice matters. He regularly defends doctors, hospitals, and multi-specialty clinics in their high-exposure cases. Over the course of his career he has successfully tried a variety of complex mat- ters, from birth injury cases to orthopedic claims. He has successfully litigated cases in state and federal court as well as in the Il- linois Appellate Court. Kipp began his legal career as a staff at- torney at the Illinois Supreme Court, where he conducted research and wrote briefs on cases the court was considering. While in law school he served as a law clerk for the U.S. House of Representatives, Judiciary Committee, Constitution Subcommittee.
Cunningham, Meyer & Vedrine, P.C. , since its inception, is the preemi- nent healthcare litigation defense firm in Illinois. Throughout the firm’s history, their attorneys have been involved in cases that define medical negligence defense law in Illinois, in shaping the way the law is interpret- ed to the benefit of their clients and protecting their rights as litigants. Physicians, nursing professionals, hospital and ambulatory care centers, clinic healthcare associations, and their satellite entities, have benefitted from the depth of their understanding of complex issues in medical neg- ligence cases. Moreover, their history of litigating the most difficult and complex matters across the state of Illinois shows their determination, expertise, and zeal in providing the best defense for each client. Simply, in the last 12 months, CMV has secured 25 defense verdicts in medical negligence cases across the State of Illinois. Their attorneys continue their efforts to fully and successfully represent the interests of their healthcare clients at all stages of litigation.
20 JURY VERDICT REPORTER • 2023 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
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